DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending in the current application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6, 14 and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Baer, US 2332549 (herein after “Baer”). discloses : 1 A watercraft system (see claim 1) , wherein the watercraft system comprises:
a submarine (A) or a submersible configured to be submerged in water,
having an external hull having a longitudinal axis which extends between an aft
end and a forward end (fig.1) , the hull defining a hull outer surface; a releasable
mounting system (fig.2) for carrying a payload unit (B) external to the hull outer
surface; the releasable mounting system operable to release the payload unit
(B) from the hull (Baer discloses suitable mechanical means (considered to be releasable mounting for engaging and disengaging the payload units (B) (port and starboard payload units shown in Fig. 3) to the parent submarine (A));
a payload unit (B) which is neutrally buoyant (B = auxiliary submarine with its own buoyancy system and sensors which are inherent in a functioning auxiliary submarine).
The examiner considers the method of claim 14 to be encompassed by the use of the submarine craft of Baer.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-10, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Baer. Baer discloses the invention set forth above, but does not explicitly disclose the payload unit mounting apparatus (port and starboard sides) are operable to switch from the first configuration to the second configuration in response to a first command signal and second command signals and wherein the first and second command signals are derived from a common command signal. As noted above, Baer discloses suitable mechanical means for holding the auxiliary submarines to the hull of the parent submarine. While a specific command signal or signal is not explicitly disclosed to activate the suitable mechanical holding means, it would be routine to have a signal to cause such activation to be able to quickly release the either the starboard or port side payload units. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Baer by including first and second command signals to activate the suitable mechanical mounting means to be able to quickly release the port and starboard payload units of Baer.
Claims 4, 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Baer in view of Lake, US 1510283. Baer discloses the invention set forth above including , but does not explicitly disclose the payload unit is operable to carry a material which is removable from the payload unit during operation and the payload unit is operable to receive a mass of water into the payload unit which equals the mass of material removed from the payload unit. Lake discloses a submarine with cargo tanks and ballast tanks and describes pumping oil to or from an oil carrying vessel on the surface and also controlling submarine trim by ballasting/deballasting other tanks. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include cargo oil tanks and ballast tanks of the auxiliary submarine (payload unit of Baer, and to transfer cargo to or from a surface vessel and to ballast or deballast as necessary to maintain the trim of the payload unit. Doing so uses known submarine systems to maintain buoyancy and trim during cargo transfer or upon burning of cargo fuel by adding ballast water of equal mass to the payload unit.
Claims 12, 13, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Baer in view of Longerich, US 4231311. Baer discloses the invention set forth above, but does not explicitly disclose the suitable mechanical mounting apparatus comprises explosive release units. Longerich discloses explosive bolts and command signals for activating the explosive bolts to release a drogue parachute. It would have been obvious to one of ordinary skill in the art to use known explosive bolt systems to secure the payload units to the parent submarine. Doing so uses known release systems which provide predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D WIEST whose telephone number is (571)270-5974. The examiner can normally be reached M-F 6:00 - 3:00.
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/ANTHONY D WIEST/Primary Examiner, Art Unit 3615